Woodring v. Hollenbach

Citations

• 202 Pa. 65
• 51 A. 318
• 1902 Pa. LEXIS 464

Syllabus

<p>Waters — Deed—Grant—Reservation—Trespass.</p> <p>In an action of trespass for the alleged wrongful use of the waters of a spring, where it appears that both plaintiff and defendant derived title from a common grantor, and that in defendant’s deed there is a grant of all the waters of a spring for the use of a gristmill on defendant’s land, and in plaintiff’s deed there is a reservation of all of the waters of the spring for the use of said gristmill, the defendant has no right to use any of the waters of the spring for domestic purposes: and in such a case it is immaterial that the defendant used only a small quantity of the water for domestic purposes, and especially so where it appears from the size of the pipes that he did not intend so to restrict himself in the future.</p>